Workers' Compensation: Nebraska

Federal law and guidance on this subject should be reviewed together with this section.

Author: Nicole Farley, Fisher Phillips.

Summary

• Workers' compensation is mandatory, employer-financed, no-fault insurance that ensures employees disabled due to work-related injuries or diseases will be compensated for lost wages and able to obtain necessary medical treatment. See Covered Employers.
• The Nebraska Workers' Compensation Act is the exclusive remedy for injured or ill employees if the employer has satisfied its legal obligation to secure payment of compensation. In exchange for the right to receive workers' compensation benefits from the employer, an employee forfeits his or her right to file a civil action against the employer for damages for work-related injuries or illnesses. See Covered Employers.
• Virtually all Nebraska employees are covered by workers' compensation, including employees of private industry, state and local government, part-time employees, minors, and employees of charitable organizations. Independent contractors are not covered. See Covered Employees.
• Employees who are disabled due to job-related injuries or diseases are entitled to medical expenses and income benefits to replace part of the wages lost due to disability. See Compensable Injuries.
• In certain circumstances, employers may not be liable for workers' compensation claims. See Employer Defenses to Workers' Compensation Claims.
• An employee who sustains a work-related injury or illness is entitled to payment of related reasonable medical services rendered by a physician of his or her choosing. However, an employer may request that an injured employee submit to a medical exam by a doctor of its choice at company expense. See Medical Benefits.
• In addition to medical costs to treat work-related injuries, workers' compensation also provides payment in the form of wage replacement or other disability awards. See Other Benefits.
• An injured employee must notify the employer in writing as soon as practical after the injury. See Initial Claims Procedure.
• The employer may not terminate, punish, or in any other way retaliate against an employee for filing and pursuing a workers' compensation claim. See Retaliation and Interference.
• Nebraska law sets out an appeals procedure to resolve disputed claims. See Administrative Hearings and Court Proceedings.